Political promises should align to policy and laws

We are into the mad season yet again. Politicians are on the beat seeking votes. Once on podiums, they rant, talk at each other and make all manner of promises. Those of us who have had opportunities to talk to audiences may not be entirely surprised. Audiences have a way of raising some speakers to a momentary ‘high’ when one could easily drift off. Unguarded speakers, especially politicians, can therefore easily make unwarranted and impractical promises.

In earlier contributions, I have shared highlights informing that having embedded solutions to its land question in the constitution and laws, Kenya moved on. We have moved from the problem-profiling phase of our history, onto designing and implementing appropriate programs in response to our documented challenges. This is good for Kenya since land sector programs, even where restorative, will be guided by a structured policy and legal framework. Political promises made outside this realm are therefore mere hype. Our politicians should familiarize with this status before making public promises.

Mechanism for redressing historical land injustices spelt in law

The existing framework for instance provides a clear legal mechanism for redressing historical land injustices, often brought up in political meetings, through the national land commission. The related process has been quite public. The land commission can however do more to provide regular public dispatches on progress, and the claims upheld or rejected. This process is expected to address the historical land injustices usually cited in Kenya’s coast, the Rift Valley, Northern and Central Kenya regions. I would expect astute political aspirants to therefore agitate for an increased budgetary vote to support the land commission to expedite related public hearings. I would also expect to hear them promise that they will whip parliament to extend the statutory timeline for the tabling of historical complaints, which has since expired. The statutory timeline for the land commission to review grants of previously irregularly allocated public land, and make recommendations, also expired. Parliament did not extend it. This qualifies for political intervention.

Land Act provides for purchase of private land for settlement of persons

The other politically expedient issue is the settlement of landless people and squatters. This too is provided for in our laws. The Land Act provides for the establishment of settlement programs, and establishes a support Land Settlement Fund. This Fund may be used to purchase private land for the settlement of squatters, displaced persons, conservation and development. It can therefore be used to resolve the problem of displaced persons and squatters who may be on land belonging to absentee landowners at the coast, and other parts of Kenya. This must however be done within the constitutional guarantees of rights to private property. At implementation, a least spoken about challenge in this regard has been interference by politically suave operators who seek to influence the choice and value of land to be purchased. This creates bottlenecks, distorts budgets and disinterests partners. Such interference calls for high-level intervention. This meddling, and an enhanced allocation to the Fund, call for political intervention.

Need for efficient land administration system, political goodwill and funding

There are numerous administrative and technical level challenges as well. Surveys done by the Land Development and Governance Institute for instance reveal widespread dissatisfaction with services offered in various lands offices. This problem is countrywide. A backlog of disputes, insufficient numbers of technical personnel, lateness and inconsistency in offices, and missing land records, have been cited. Service seekers have also decried delays in services and rent seeking, all with adverse implications to land transactions and business.

Part of the panacea to this is the modernization of the management of land records and services, the enhancement of technical capacity and the improvement of some of the physical infrastructure. The new online system, ardhisasa, which has still not picked up, needs a serious revisit and improvement. All these call for better funding for the Lands Ministry, and where the functions so require, the national land commission. These are some of the areas political aspirants should speak to as they seek to be voted into office.

Dated: 30^th May, 2022